Tobey v. Claflin
U.S. Circuit Court for the District of Massachusetts
Assumpsit, for work and labor and services, against three defendants [Noah Claflin and others]. The plaintiff [Jonathan Tobey], by his counsel, Bartlett & Webster, now before trial, moved to amend the writ and declaration by striking out the name of David Green, one of the defendants. who cited Bedington v. Farrar, 5 Greenl. 379; Chandler v. Parkes, 3 Esp, 76; and Noke v. Ingham, 1 Wils. 89. The counsel for the plaintiff cited Colcord v. Swan, 7 Mass. 291; and Parsons v.…
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Assumpsit, for work and labor and services, against three defendants [Noah Claflin and others]. The plaintiff [Jonathan Tobey], by his counsel, Bartlett & Webster, now before trial, moved to amend the writ and declaration by striking out the name of David Green, one of the defendants. who cited Bedington v. Farrar, 5 Greenl. 379; Chandler v. Parkes, 3 Esp, 76; and Noke v. Ingham, 1 Wils. 89. The counsel for the plaintiff cited Colcord v. Swan, 7 Mass. 291; and Parsons v. Plai-sted, 13 Mass. 189; and the reasoning of the court in Minor v. Mechanics’ Bank of Alexandria, 1 Pet. [26 U. S.] 46.
1Opinion of the Court
STOBY, Circuit Justice.
The powers of the courts of the United States to grant amendments under the judiciary act of 17S9, c. 20, § 32 [1 Stat. 91], are very large, and have always been construed liberally in furtherance of public justice. In the present case, though the amendment, in a technical sense, may go to the foundation of the suit, if all the defendants are not proved to have joined in the contract; yet it is plain that it does not touch the merits. In the present state of the law, in a suit founded in contract, if all the defendants are not proved at the trial to have made the…
2Cases cited2 opinions
- Hartness v. ThompsonNew York Supreme Court · 1809
- Parsons v. PlaistedMassachusetts Supreme Judicial Court · 1816
3Cited by7 opinions
- Barber v. SmithMichigan Supreme Court · 1879
- Portland Gold Min. Co. v. Stratton's Independence, Ltd.District Court, D. Colorado · 1912
- Gay v. JoplinU.S. Circuit Court for the District of Eastern Missouri · 1882
- Partee v. ThomasDistrict Court, W.D. Tennessee · 1882
- Rivera Maldonado v. Central Pasto Viejo, Inc.Supreme Court of Puerto Rico · 1933
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